Is this Legal Writing? Read 3 Parts of the Crazy Scalia Dissent...

Is this Legal Writing? Read 3 Parts of the Crazy Scalia Dissent on DOMA


Scalia is a tad unhappy.  Sure, we’ve understood for years that Antonin Scalia was an arrogant irrepressible bore.  We knew that from the countless comments during oral arguments. But today, in his dissent of the majority’s decision to strike the Defense of Marriage Act (which of course is unconstitutional) Scalia may have jumped the shark.  Is this legal writing in response to a judicial opinion or a teen’s facebook rant:

“In the majority’s telling, this story is black-and-white: Hate your neighbor or come along with us. The truth is more complicated. It is hard to admit that one’s political opponents are not monsters, especially in a struggle like this one, and the challenge in the end proves more than today’s Court can handle. Too bad. A reminder that disagreement over something so fundamental as marriage can still be politically legitimate would have been a fit task for what in earlier times was called the judicial temperament. We might have covered ourselves with honor today, by promising all sides of this debate that it was theirs to settle and that we would respect their resolution. We might have let the People decide.”

What? And then there is this:

“It takes real cheek for today’s majority to assure us, as it is going out the door, that a constitutional requirement to give formal recognition to same-sex marriage is not at issue here—when what has preceded that assurance is a lecture on how superior the majority’s moral judgment in favor of same-sex marriage is to the Congress’s hateful moral judgment against it. I promise you this: The only thing that will “confine” the Court’s holding is its sense of what it can get away with.”And…

“The Court has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat. We owed both of them better. I dissent.”

Really Antonin? I just couldn’t tell.   And to be sure:  There was a victory today.  It was a victory for equal protection under the law.  Whatever anyone feels about gay marriage — it’s a bit of a difficult concept to ignore.